 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Zuern v. Ford Motor Co.12/19/1996
PELANDER, Presiding Judge.
In this product liability case against a motor vehicle manufacturer, plaintiffs/appellants obtained a jury verdict but they challenge two evidentiary rulings by the trial court. The first ruling excluded certain evidence of vehicle defectiveness on disclosure grounds, and the second ruling admitted evidence concerning a nonparty's fault. In connection with the second ruling, we must examine what effect, if any, Arizona's Uniform Contribution Among Tortfeasors Act (UCATA), A.R.S. ยงยง 12-2501 to 12-2509, has on the application of this court's pre-Act decision in Cota v. Harley Davidson, 141 Ariz. 7, 684 P.2d 888 (App. 1984). We find no error in either of the trial court's rulings and therefore affirm.
FACTS AND PROCEDURAL HISTORY
This case arises from a two-vehicle accident in November 1991. Robert Ellisor, who was intoxicated and driving a Lincoln Continental at a speed of approximately 36 to 39 miles per hour, rear-ended plaintiffs' 1988 Ford Aerostarvan, which was stopped. The van was equipped with four "captain's chairs." Plaintiff Frank Zuern was driving and his then five year-old son, Blake, was seated in the chair directly behind him. Both were wearing seat belts. During the collision, Mr. Zuern's seat back collapsed rearward into the space that Blake occupied. Blake sustained a fractured left femur and severe head injuries.
Plaintiffs sued Ford Motor Company (Ford), alleging that their van was defective and unreasonably dangerous and that Ford was strictly liable in tort for designing, manufacturing and selling the vehicle. Ford timely designated Ellisor as a nonparty at fault. The jury returned a verdict for plaintiffs and awarded full damages of $643,000 to Blake Zuern and $127,314 to his parents, plaintiffs Frank and Kristie Zuern. The jury allocated 70% of the fault to Ellisor and 30% of the fault to Ford, and the trial court entered judgment in accordance with the verdict for plaintiffs against Ford in the total net amount of $231,094.20. Plaintiffs moved for a new trial, challenging, inter alia, the aforementioned evidentiary rulings, and then appealed only from the trial court's order denying that motion.
Discussion
1. Evidence of Rear Seat Defectiveness
Plaintiffs contend the trial court erred in excluding their proffered evidence of defects in the rear seat which Blake occupied, claiming the evidence would have simply rebutted a new defense theory which Ford had first disclosed less than sixty days before trial and which Ford presented at trial. "A trial court's rulings on the exclusion or admission of evidence will not be disturbed on appeal unless a clear abuse of discretion appears and prejudice results." Selby v. Savard, 134 Ariz. 222, 227, 655 P.2d 342, 347 (1982). In addition, "the trial court has broad discretion in ruling on discovery and disclosure matters," and we will not disturb its ruling absent a clear abuse of discretion. Soto v. Brinkerhoff, 183 Ariz. 333, 335, 903 P.2d 641, 643 (App. 1995).
Throughout this litigation, plaintiffs primarily contended that Mr. Zuern's seat was defective, unreasonably dangerous and had caused Blake's injuries. According to plaintiffs, Blake's head injuries resulted from Mr. Zuern's seat ramping backward during the collision and causing his head to forcefully strike Blake's head. Approximately three months before trial, however, plaintiffs' experts formed a new opinion that Blake had hit the back of his head on an upper, horizontal cross member in his own seat back frame after he was struck by Mr. Zuern. Inspection of Blake's seat two months before trial revealed a dent in the upper, horizontal cross member of his seat back
Page 1 2 3 4 5 Arizona Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|